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Post Info TOPIC: Defamation damages
montie


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Defamation damages
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this HTML class. Value is https://rvdaily.com.

www.rvdaily.com.au/van-buyer-sued-over-negative-review

Sorry cannot post a live link from my tablet...no

 

 



-- Edited by montie on Friday 16th of August 2019 06:30:58 PM



-- Edited by montie on Friday 16th of August 2019 07:15:24 PM

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Monty. RV Dealer.
elliemike


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montie wrote:

this HTML class. Value is https://rvdaily.com.

 



-- Edited by montie on Friday 16th of August 2019 06:30:58 PM

 Errrm #  !! What. ?

Is this an advert ?

 



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Mike & Ellie
the rocket


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montie wrote:

this HTML class. Value is https://rvdaily.com.

 



-- Edited by montie on Friday 16th of August 2019 06:30:58 PM

 Could you tell us what this is about please.



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aussie_paul


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Aussie Paul. :)



-- Edited by aussie_paul on Friday 16th of August 2019 07:07:22 PM

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Cupie


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www.rvdaily.com.au/van-buyer-sued-over-negative-review

 

 

How's that



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montie


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Cupie wrote:

www.rvdaily.com.au/van-buyer-sued-over-negative-review

 

 

How's that

 Thanks mate, my old tablet on it's last legs!smile



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Monty. RV Dealer.
Plain Truth


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Should be an interesting case,I will wait to hear both sides of the story.Looks like a specialised van.

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2weis


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the way i read it, it is finalised and the manufactureu won

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montie


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2weis wrote:

the way i read it, it is finalised and the manufactureu won

 Yep, the manufacturer won the case against the customer....only the amount of damages payable to be decided by the court.

They are also claiming damages through the courts against a Facebook group for defamation. That case will be heard in October.

I'm surprised it has taken this long for this to happen....a lot of very understanding and patient dealers and manufacturers...I guess it was only a matter of time till one of them took offence.



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Monty. RV Dealer.
dabbler


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Montie, I think because of the market niche Bruder occupies, they didn't want to ride it out. Most manufacturers deal in a much larger arena and probably hope they can cope without resorting to legal proceedings.

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brickies


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Cindy will have to keep a close eye on the nutters on this forum now


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montie


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dabbler wrote:

Montie, I think because of the market niche Bruder occupies, they didn't want to ride it out. Most manufacturers deal in a much larger arena and probably hope they can cope without resorting to legal proceedings.

 Agree, plus in a tough market they have neither the time nor the resources to be fighting court battles.

Plus I guess in the overall scheme of things negative reviews are often taken with a grain of salt.



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Monty. RV Dealer.
montie


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brickies wrote:

Cindy will have to keep a close eye on the nutters on this forum now

 This is the only forum that I post on that allows naming and shaming.I guess it's up to the Admin to decide if that changes.

The reality is you can make as many allegations as you wish about any product on social media so long as you understand that you may be called upon to defend those allegations in a court of law as is the case here. If a public forum facilitates that, then the Administrators may inadvertently get dragged into it.

Despite the fact that you may believe that you are 100% right in any allegation you may make, at the end of the day if it all goes pear shaped, you are not the one who will get to decide that.



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Monty. RV Dealer.
Eaglemax


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Of course tgere is opinions and everyone has one and is entitled to have one. You can report on issues you've had with your new caravan like listing what has failed and what was or wasnt fixed under warranty. Facts isnt defamation. Its when people go beyond facts and actively rubbish a brand beyond the events is when such hate campaigns lead to litigation. We all know that some buyers can be impossible to deal with. Tony

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montie


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Eaglemax wrote:

Of course tgere is opinions and everyone has one and is entitled to have one. You can report on issues you've had with your new caravan like listing what has failed and what was or wasnt fixed under warranty. Facts isnt defamation. Its when people go beyond facts and actively rubbish a brand beyond the events is when such hate campaigns lead to litigation. We all know that some buyers can be impossible to deal with. Tony

 But the interpretation of the facts might be.



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Monty. RV Dealer.
Paul


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From the articles that I have read, Bruder won by default because the owner didn't turn up at court, it seems now the owner is appealing the decision as the dates on his paper work were different to the courts, should be an interesting ongoing saga.

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Cupie


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Paul wrote:

From the articles that I have read, Bruder won by default because the owner didn't turn up at court, it seems now the owner is appealing the decision as the dates on his paper work were different to the courts, should be an interesting ongoing saga.

 If this sort of thing interests you, perhaps you aught to look at  Kangaroo Court of Australia web site/regular newsletter.

 

https://kangaroocourtofaustralia.com

 

Edit ...  Here is the banner on the web site ..

Kangaroo Court of Australia

WHY RENT A LAWYER WHEN YOU CAN BUY A JUDGE



-- Edited by Cupie on Monday 19th of August 2019 10:35:39 AM

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montie


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Paul wrote:

From the articles that I have read, Bruder won by default because the owner didn't turn up at court, it seems now the owner is appealing the decision as the dates on his paper work were different to the courts, should be an interesting ongoing saga.

 I don't think it had anything to do with turning up, he didn't lodge a defence so no need to turn up.

Not sure what the situation is regarding an appeal when that happens.



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Monty. RV Dealer.
Tony Bev


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I hope that someone keeps an update of this (whatever it is deformation/facts)

I also hope that someone can give a link to the

Snip from the rvdailey link

Mr Coles published a website that detailed alleged multiple issues with his Bruder camper-trailer, which reportedly cost him in excess of $200,000.

Mr Coles website, so that I can form my own opinion

My current opinion is, that if I find faults with something I have purchased, then I am entitled to inform others of those faults

At the moment I am travelling and have low bandwidth

 



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denmonkey


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Yeah, noticed that too Paul.
Easy to win the fight when your opponent isnt there.
If he didn't turn up on his own, then more fool him.

Will be interested to hear the outcome if they do have a proper hearing.

cheers BRett

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Mike Harding


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Cupie wrote:
 If this sort of thing interests you, perhaps you aught to look at  Kangaroo Court of Australia web site/regular newsletter.

https://kangaroocourtofaustralia.com

 

Thank you, an interesting website.



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montie


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Tony Bev wrote:

I hope that someone keeps an update of this (whatever it is deformation/facts)

I also hope that someone can give a link to the

Snip from the rvdailey link

Mr Coles published a website that detailed alleged multiple issues with his Bruder camper-trailer, which reportedly cost him in excess of $200,000.

Mr Coles website, so that I can form my own opinion

My current opinion is, that if I find faults with something I have purchased, then I am entitled to inform others of those faults

At the moment I am travelling and have low bandwidth

 

 The claim for damages was lodged on the 20/6 and the judgement against the defendant on the 13/8 so he had plenty of time to lodge a defence.

Search of Qld Courts shows no record so far of any appeal being lodged. The amount of damages payable is still to be decided by the court so maybe an appeal can be lodged when that happens. Either way the court costs alone will be scary even if the defendant wins an appeal, so maybe cheaper just to pay the damages.

 



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Monty. RV Dealer.
Cupie


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montie wrote:
Tony Bev wrote:

I hope that someone keeps an update of this (whatever it is deformation/facts)

I also hope that someone can give a link to the

Snip from the rvdailey link

Mr Coles published a website that detailed alleged multiple issues with his Bruder camper-trailer, which reportedly cost him in excess of $200,000.

Mr Coles website, so that I can form my own opinion

My current opinion is, that if I find faults with something I have purchased, then I am entitled to inform others of those faults

At the moment I am travelling and have low bandwidth

 

 The claim for damages was lodged on the 20/6 and the judgement against the defendant on the 13/8 so he had plenty of time to lodge a defence.

Search of Qld Courts shows no record so far of any appeal being lodged. The amount of damages payable is still to be decided by the court so maybe an appeal can be lodged when that happens. Either way the court costs alone will be scary even if the defendant wins an appeal, so maybe cheaper just to pay the damages.

 

 Perhaps he was intending to lodge his defence to coincide with the (wrong) court date

who knows?

Perhaps he was unable to afford legal representation or advice & was intending to present his defence on the (wrong) court date.

who knows?

 

All of us can only guess at the situation (unless we have some undisclosed 'inside' information) & that's not a wise thing to do.

 

ps .. I offer the preceding scenarios only to make my point & they do not necessarily represent my views.  LOL



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Eaglemax


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Here is my (safe) views on the matter

..

There....
Tony

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